Articles Posted in Child Injury

Imagine sending your five-year old child off to day care and later come to find out that he or she had been attacked while there. Imagine finding out that a teenager had repeatedly raped your five-year old daughter when you sent her off to daycare. It is a parent’s worst nightmare; and for the parents of a five-year old Miami-Dade girl, their nightmare came true in 2008.

In 2008, while the young girl was at Discovery Day Care, which is located on SW 67th Avenue, she was raped multiple times by a thirteen-year old boy during scheduled nap times. The boy was the son of the center’s then-director. Her parents filed a civil suit in 2009 against Discovery, asking that the center be held responsible for failing to provide supervision and for failing to keep their child safe. The girl’s attorneys maintained, “There’s no need for new laws here. There are laws on the books that [Discovery] simply chose to ignore.” While the teenager denied the allegations, at trial a therapist testified that he admitted to raping the girl during a therapy session. After hearing arguments, the jury determined that Discovery was negligent and awarded the young girl, who is now nine years old, and her family $3 million.

Discovery, which is still in business, maintains that children were never left unsupervised and therefore, any abuse of the girl could not have happened. Discovery’s attorneys have stated that they intend to request a new trial and if the new trial is not granted, they intend to appeal the verdict. The director, whose son abused the girl, has left the day care center. Two more civil suits have arisen against Discovery–one from a girl who saw the teenager abuse the young girl and one from another child who also claims to have been abused.

Dade jury awards parents of girl $3 million in abuse case at day-care, www.miamiherald.com January 18, 2012.

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In an earlier blog post (which can be found by clicking here), it was reported that Trina Jackson has filed a lawsuit against J. Ruiz Learning School in Hialeah, contending that her daughter suffered abuse at the Learning School when her daughter’s classmates pulled a braid out of her head while the Learning School’s caregiver stood by and ignored the incident. Now, another mother has filed a claim against the Learning School, claiming her three children suffered abuse during their three-year attendance at the Learning School.

Philomene Hodge began to notice that her children repeatedly came home with scratches or bruises on their arms. She never thought much of it because the Learning School never made a formal report. As the injuries became more frequent, Hodge approached the daycare owner, Jose Ruiz and asked about the abuse. He denied all of her allegations. Hodge then decided to do some of her own digging. She took a job doing maintenance work at the daycare to keep an eye over her children and witnessed a Learning Center employee, “Ms. Emma,” abusing the children. According to Hodge, Ms. Emma would hit the children for “petty little things,” such as refusing to sit, not listening enough, or “if she felt like she’d talked to the child enough.” Hodge reported the abuse to Ruiz and Ms. Emma has since been fired. Trina Jackson’s video, which is a substantial piece of evidence in her case against the Learning Center, also depicts Ms. Emma hitting a young boy and girl and “forcefully shoving the girl’s chair while she sat in it.”

Hodge believes that the Learning Center is a danger to children in the area. She has taken her kids out of the school and filed a lawsuit against the Learning Center for alleged abuse of her children. While she is asking for damages, she is also working towards getting the Learning Center shut down completely. Hodge has not yet filed a complaint with the Department of Children and Family Services. Ruiz refused to comment on the case. Inquires into state records revealed that the Learning School is in compliance with state regulations.

Second Parent Sues Hialeah Daycare Alleging Abuse, www.cbslocal.com October 11, 2011.

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A Miami daycare is facing that wrath of one upset mother. The mother, Trina Jackson, is suing J-Ruiz Learning School after discovering that one of her daughter’s braids were ripped out of her scalp while at the daycare center. J-Ruiz contends that the braid was missing when five-year-old Kayla was dropped off in the morning.

Jackson’s attorneys came forth with video evidence depicting Kayla being attacked by a group of girls while the Learning School’s caregiver ignores the assault. The video allegedly shows the caregiver eventually tending to Kayla, checking her scalp and throwing the hair in the garbage. Kayla told her mother that she had been hit, scratched and slapped many times while in the Learning School’s care.

Another video caught by the surveillance tape also depicts the same caregiver smacking a child on the top of the head after the child says something to her. The Department of Children and Families opened an investigation into the abuse allegations and closed the probe two months later without revealing their findings. The Learning School’s owner Jose Ruiz declined to comment on the case and also declined to give the name of his attorney.

Mom Sues Daycare Over Alleged Abuse Video, www.nbcmiami.com August 30, 2011.

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